Scrutiny of embattled Port Authority of New York and New Jersey Chairman David Samson continued to ratchet up Monday, with Manhattan federal prosecutors reportedly subpoenaing the bi-state agency for records tied to possible conflicts of interest on the part of the Wolff & Samson PC co-founder.
In recognition of the increasingly important role of fixed-combination drugs for treating chronic diseases such as heart disease, cancer and diabetes, the U.S. Food and Drug Administration has proposed guidance that significantly departs from its historical interpretation of the "new chemical entity" exclusivity provision. It will be interesting to follow the debate that ensues regarding the NCE status of combinations of a new drug with a previously approved drug, say attorneys at Jones Day LLP.
The U.S. Department of the Treasury and the IRS recently “pre-released” regulations under the Foreign Account Tax Compliance Act that provide positive changes for the property and casualty insurance industry. But while the new regulations address certain concerns, they fail to respond to the industry’s two primary comments, say attorneys at Sutherland Asbill & Brennan LLP.
In Rosen v. B.J. Wholesale Club, the Maryland Court of Appeals enforced preinjury liability waivers on behalf of minor children — despite invalidation of such waivers by the majority of jurisdictions. Like other states that have examined this issue, Maryland may need a legislative response to balance the financial interests of businesses and the safety of children, say Gary Duvall and Nicole Harris-Crest of Miles & Stockbridge PC.
In Bank v. Independence Energy Group LLC, the Second Circuit reversed its previous decisions barring Telephone Consumer Protection Act class actions in New York federal courts. This shift will undoubtedly drive plaintiffs’ venue selection in pursuing TCPA class actions — and New York federal courts can expect to see a significant increase in such actions in the near future, say Melissa Brill and Kristy Miller of Cozen O'Connor PC.
If a trial court denies an anti-strategic lawsuit against public participation motion, does the moving party have the right to immediate appellate review, or must it wait until the case is over? Two high-profile anti-SLAPP cases promise to resolve the issue, my preference being that parties should enjoy the right of interlocutory appeal when their motions are denied — regardless of whether anonymity happens to be in play, says Leslie Machado of LeClairRyan.
Many employees today prefer to bring their own mobile phone, tablet or laptop to the office to have 24/7 access to their work, a phenomenon known as "Bring Your Own Device." While most companies purchase anti-virus software for their computers, it seems logical, then, to extend that policy to other mobile devices because protecting employee devices provides insurance for the company too, says Daniel Garrie of Law & Forensics.
The Ninth Circuit recently held that environmental impact statements on proposed leases for oil and gas development in the Chukchi Sea from the Bureau of Ocean Energy Management violated the National Environmental Policy Act. The decision is a reminder that the deference courts grant regulators is not limitless — their environmental determinations must contain sufficient evidence to support their conclusions, say attorneys at Nossaman LLP.
The Third Circuit’s recent decision in a case involving possible Foreign Corrupt Practices Act violations may provide the government and litigants with a powerful new precedent to pursue attorney-client communications pursuant to the crime-fraud exception. Indeed, the court found that the exception applied where very few facts supported its application, says Katy Preston of Cadwalader Wickersham & Taft LLP.
What do appellate judges like and dislike, and what kinds of things should you be looking for in a draft? Drawing from surveys taken over the last 14 years, we’ve identified five red flags that judges consistently identify as deficiencies in appellate briefs and advice on how to avoid them, say Robert Carty and Dawn Solowey of Seyfarth Shaw LLP.
Those interested in the growing Internet gaming market should watch closely whether states move meaningfully toward joining the new multistate Internet gaming agreement, and New Jersey is particularly important to watch because of the breadth of its offerings and its early entrance into the market. Meanwhile, successful Internet gaming revenue streams in more populous states may have a catalytic effect on other states' desire to enter the market, say attorneys with Greenberg Traurig LLP.